Rental Question - Help needed, please.

[Ryan Rubel]

After running the numbers I decided I'll be selling my rental property once my current tenant moves out April 1st.  This is a property in a suburb of Chicago.

Our Property Manger called saying they need to send a plumber to look at a toilet that's leaking from the seal to the floor, likely a wax ring needing replacement. Plumber said the wax ring was fine, but that he needs to bring in the longer auger to see where there's a clog in the drain. The plumber explained that it's likely that paper or other items lodged in the drain (from the house to the street sewer) and said he would put a camera in there the next day upon his return. The tenant got upset (and loud/swearing) that the plumber had to come back the next day, and said "don't come back. I'll hire my own plumber and send the Property Manager the bill". Then he hired his own plumber, who still couldn't come until the next day.

The new plumber brought a very long auger and camera and discovered that there's lots of gravel inside the drain pipe (under my front yard) and explained that this is common in my area when the pipes crack from tree roots, etc. He's correct about the area, so I took his recommendation to excavate the front yard to dig up the pipe and replace the broken section. The cost would be $3300, so I had the city come verify that this was the issue (they agreed after seeing all the gravel in the drain pipe).

This morning they dug up the front yard and drain pipe and discovered that the pipe was not broken at all. There was AQUARIUM GRAVEL inside the drain pipe! Roughly 40 lbs of it! Clearly this is the tenants fault for flushing so much gravel. I'm a bit confused about how it was even POSSIBLE to flush that much, but the plumber explained that it could have accumulated over the past year if the tenant cleaned out a fish tank w/ a bucket and dumped it into the toilet without removing pebbles.

This gravel was removed by using another machine to blast 400psi of water through the drain pipes. All together I'm looking at a $4,000 bill. The tenant was fighting what he thought was a $300 plumbing bill originally, so I'm positive he'll fight paying $4,000. My property manager said we can take his security deposit, but that's only $1,700. Also if he knows we're taking his security deposit he won't pay his rent the last month, I imagine.

I'm posting here because I'd like to know if there's a good strategy for handling this. The plumber clearly documented everything (video, pictures, and his own opinion on how the damage got there). I'm sure I can take the tenant to small claims court, but that's a pain I'm sure.. especially since I live in California and the house is in Chicago.

Likely SOL? I'm still selling the house in April regardless of what happens.

[Account Closed]

@Ryan Rubel

YIKES, What a mess! 

I agree with @Marcia Maynard that you need to be sure he is responsible for flushing the gravel. Does he have a fish tank? Did he admit it? Can you get a picture of it?

 If so...

1. I would first call a local landlord/tenant attorney and get their advice. 

2. Provide him with the bill, add it to his lease ledger. Offer him the option to pay a lump sum or with payments over the next few month's rent (backed up with promissory note). 

3. If he doesn't agree to a payment plan and doesn't pay it with February rent, you can file for eviction. Again, check your local statutes and speak w/ an attorney

4. If he doesn't make arrangments or pay in full, he runs the risk of having an eviction on his record and a judgment you can use to garnish his wages. To me, this is less risky and quicker than small claims. 

He doesn't sound like the type that is going to willingly pay the bill, but he may be convinced after he hears the nasty alternative that will follow him as a tenant and ultimately cost him more money. 

Good Luck!

New Pet Addendum - No Fish Tanks.... unless they are "service fish"  :-)